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HomeMy WebLinkAboutCOM 0582.000 2000-2002 pJ~SV OF H,Q~9 ~Iarl'g' Klm ~ ~ Christopher J. Yuen Director Mayor. + t'"' ~ ~ - r,~rE.oF.~R;~P~ i~oy R. T1keICl®$O Depatty Director r"~ tid'y' / r-,r l~ C_ f l f 11 1 i~ I PL,aANNING DEP.P~IbTMENT ~ ` ' , . ~ . 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-8742 March 25, 2002 Mr. James Leonard, Managing Director PBR Hawaii -Hilo 101 Aupuni Street, Suite 310 Hilo, HI 96720-4276 Dear Mr. Leonard: Grange of Zone Ordinance No. 00-7 (REZ 940) Condition r~A ApElicant: di%~ la'ganini'owali, LLC Suktject: ~.nnuai Progress Report Tl'~IK: 7-2.-4: Portio~a of 1 S Thank you for submitting the Annual Progress Report for our review as required under Condition AA of the above referenced ordinance. We have reviewed the annual report and have no objections to statements made, nor do we have any additional comments to make in regards to compliance with conditions set forth in the ordinance. Should you have any questions, please contact Eileen O'Hora-Weir or Susan Gagorik of our Hilo office at 961-828'8. Sincerely, _ CHRISTOPH~Fr J. YUEN Planning Director EOW:pak p:\wpwin60~eileenUetters\Lmaniniowal i_AP RREZ940eow cc w/report: Planning Dept. -Kona County Council Planning Commission File 1m1o.. _ ~'~~1 ~ A r~ cy ; 1 LANDSC 'iC .~;-li^~~ ~e~rtlary .Cw00G ETIVIRQ d'~3'~PIT '~~DI~'- j i Mr. Christopher Yuen, Director WNS. FxA. riR?. FASi:A <u~w Planning Department , . Cou.ty of I-Iawaii Ttio~:<.~ - 2rJ A1~~3un~: Street Hilo, I-Iawaii 9~~20 ; _ :;a c ~ f• ~ =mow , ~ ~ # ~ ~ ~ Dear Mr. Yuen: # ~ ~ } t On behalf of ~ Manini`owali, LLC and iri meeting the resluirexnents of Condition AA of Ordinance 00-7, the following is a report on the status of developrraent and the developer's. corripliance with the conditions of approval of the subject Ordinance. tit ~~~l~ent In May 2001, ~ Manini`owali, LLC (WBM) acquired the sub,~ect property from Manini`o~yali Dq~:~~ty Ccrnpa.ny, LLC, the successor to the North Dona De~lelopn-~~nt Oroup N'I~O) . Shortly following their p~:~rchase of the i:f~~~ t t t } t~t#.tr~ Manin_i`ow~.. p~-opert,.p, VdBM initiated its planning of the property. Per the ~ 4 ~ n~#53iti3~ r } R;~ } #:::,;:.}:s:~.4xt t.>,>~#' requirements of the Project District Ordinance for the Manini'owali property, ;.s.,t:a,#~,,<N Detailed :Site Plan 1'or the ,proposed 140 unit residential ~u&sdivision was }:<<;f~{>~a.~.=:;:F<~~,~>.:. ~uh~nitted the ~la~.ning I~ire~tor-and approved on September 19, 2001. . It should he noted ~~.t; while plans for. the Manini`owali ~Ie~,Tclopment at the time of the Project District Ordinance approval included an 18-hole golf t< ~t#~~t ~ course and up to 900 residential units., no golf course is eu~ gently included <~j<#~:~' 5:~~~~~ffi.'> as part. of e ~M'~ plans argil .the overall density bias- been scaled down f35><>: razz <€:~t~~£^>~ ,,:;..{~.sx#,,~.~ ..k?.~,,,,. considerably= (from 930 to 1!~0 total units), as r°eflect~d in the approved '4 ~#x} ~`#<::`}xr>~`{`' Detailed Site Plan. `oolowing approval for the Detailed Site Plan, WBM received Tentative Sa~bdivision Approval in October 19, 200.1 for the Phase I Suhdi~~isis~n consisting of approxignately 99 lots. ~i~al Subdivision rkx:~ ~ ~>t~## f Approval for the Phase I development is expected in mid 2Q~J2. } z { r'1 s .q >'~.>33,f3.##~ z 3~ tt.#. ~~~..fa6j~' Mr. Chris Yuen, Director SUBJECT:ANNUAL PROGRESS REPORT; ORDINANCE 00-~; CONDITION AA;OWNER/DEVELOPER: WB MANINI`OWALI, LLC (FORMALLY OWNED 'BY MANINI`OWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINI`OWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINI`OWALI, NORTH KONG, HAWAII; TMK: (3)7-2-04: PORTION OF 18 February 2002 Page 2 Grading Permit approvals to construct an on-site irrigation well and initiate the mass grading for the Phase I roadways were issued in December 2001. WBM has also been assisting the State Department of Land and Natural Resources (DLNR), Parks Division in furthering the planning and necessary regulatory approvals needed for the proposed access and park improvement planned at Kua Bay as part of the Kekaha Kai State Park (Park). In January 2002, WBM sought the approval from the Board of Land and Natural Resources to allocate additional funds to cover further archaeological survey work required as part of the Park planning. Regarding the developer's compliance with the conditions of approval we offer the following summary. C®mplicc ~saith ~®~diti®ns A. The Applicant, successors, or assignees shall be responsible for complying with all of the stated Conditions of Approval. lees®rflse: 1°#~.e clevetc~~rtent aeiii c®rnpliyr aesith the c®rc~titi®ns ®f capg~r®ascal ~ set f®'°tl~ del®w. B. This project area shall be called the Manini`owali Project District. The development period for the Manini`owali Project District will be 20 years from the effective date of approval of the Project District Ordinance. l~es,~®rese: LI~~iV~ has iaitiatecl its piarcrzirig anti eletset®pmeat f®r the 1~lartini®ae~ali o,~ect ~istt°ict an.cl e~cpects that deuei®p'ree~t itsill ~e c®rr~.pieteci wail aaaithirg the 2® yea~° clevei®prnent peri®ci. C. The Manini`owali Project District shall consist of not more than 388.057 acres for residential, golf course, golf clubhouse and tennis complex, open space and ancillary related development. Any amendment to this acreage shall require an amendment to the Manini`owali Project District Ordinance. des e: N® arttereclrn.ertts t® the acreage of the °®ject ~stri.ct is ~rosed ®r° piariraect. Mr. Chris Yuen, Director SUI3JECT:~~IVNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;OWNED/DEVELOPER: WI~3 MANINI`OWALI; LLC (FORMALLY OWNED BY MANINI`OWALI EC,~UITiT COMPANY, LLC); DEVELOPMENT: M~"~tINI`C~WALI RESIDENTIAL COMMUNITY'; I~UISIO 2ND AND MANINI`OWALI, NORT~I I~ONA, HAWAII; TMI~: (3)7-2-0~: PORTION OF 1~ February 2002 Page 3 D. The maximum number of residential units to be allowed v3ithin the Maniz~ai'owali Project District shall be 900 units. Any increase in the number of units shall rewire an arnendrnent to the 1Vianini`ow:li Project District Ordinance. I-Total and timeshare condominium or apartment units shall be prohibited within the Manini`owali Project District. rose: ~ 1.~ the au ~.cnit~ 1~ ink ~r~se~. In ,fact, the a~~~-~ve~ bite I~lare,s ,~®r< the ~i~ei®pme~t ect.~ c~ r~ied r~a~~er a~' r°esi~ential ur<g~ ~appr®ximcr.tela~ I ~~ts~. ~`lae ~r°ase~ ~e~~:i~er:t €_~~~~~es na h®tei ~r tirr~.esha~-e 14 E. The Applicant shall provide perpetual open space areas of X00 feet and 150 feet widths each, respectively, along the entire makai (seawards and n~auka (east) boundaries of the subject property. In addition and in order to preserve these open areas and protect the respective viewplanes, no buildings and/or str~~ctures-above ground. shall be permitted within either area. Further, prior to the first occurrence of either Final Subdivision Approval, Final Plan Approval, or any land alteration, the Applicant shall prepare, submit for prior County approval, and then record the necessary metes and bounds descriptions and covenants in the Bureau of Conveyances to effect such conditions in perpetuity. A copy of the document(s) shall then be provided to the Planning Department. Itrese: r~eflecteei ir€ the a~~~°®ve~ i3~taii~d mite ~la.~€,f~~° t~ce pr®~~ ei~~i~~ent, ~aid~ra: a~.d/or° asp c~~~~ st~tr~ are ,tanrfe~ usithi~ the ~ -eas t.at te~~ ai~rt~ the entire ma~ka a~ ~.akai ~r~~ztes f ti~~ r~~ In c®rri~lia~.ce ~sith ~~.~i~t€~rr€ l~Ietes and urtcis c~ti~r the ~lesate~ ~3 ~ areas, arh~ch nciu~e the ~taaa arr~ ma~ai h~cf„~~~° a~as aa~ the ~a f the srn.aii ~a 6~ , f®~€€~.ci €~ra.~te `u I'a~apcr~, t®gether ~sith the r~tt~ct~se cc~~eDtcar~ts, h.a3se lea rev~e~eci and apl~r°~ed ~ the 1~°ect®r° sec®re~ ~asith the ~r°ea~. ®f ~rla~ees, fr~r ~~~°at~~r€< e~~~ the same h ~eea srnitteci t® the Pla~.ala~ I3~~a~~.t,f®r its~les. . . Mr. Chris Yuen, Director SUBJECT:ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;OWNER/DEVELOPER: Wl3 MANINI`OWALI, LLC (FORMALLY OWNED BY MANINI`OWALI EQUITY COMPANY, LLC); DEVELOPMENT: MAl\~INI`OWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINI`OWALI, NORTH KONG, HAWAII; TMK: (3)7-2-04: PORTION OF 18 February 4, 2002 Page 4 F. The Applicant shall disclose to all potential buyers of lots or units within the proposed project that internal infrastructure and community facilities shall be developed and maintained privately and that the County is not obligated to construct any public facilities within the project area. IZesp®atse: ~°he ete~set®r a~itl ~a.a1~e the cYppropr~c~te etiset®sa.~res, exs r°eq~.tit°ect b~ ~neiitg®n t® ®.tI ~teattieet buyers thr®aigh its ~ate~ et~c~r.rrcertts. G. The following permitted uses as defined in Chapter 25 (Zoning Code) Ordinance No. 96-160 are to be allowed in the Manini`owali Project District within the 388.05 acres for residential, golf course and ancillary related development: 1. Adult day care homes. 2. Bed and breakfast establishments, as permitted under Section 25-4- 3. Boarding facilities, rooming, or lodging houses. 4. Commercial or personal service uses, on a small scale, as approved by the Director, provided that the total gross floor area does not exceed one thousand two hundred square feet and a maximum of five employees. 5. Community buildings, as permitted under Section 25-4-11. 6. Crop production. Dwellings, double-family or duplex. 8. Dwellings, multiple-family. 9. Dwellings, single-family. 10. Family child care homes. 11. Golf courses, and related golf course uses, including golf driving ranges, golf maintenance buildings, golf clubhouses and restaurant associated with the golf course. 12. Group living facilities. 13. Home occupations, as permitted under Section 25-4-13. 14. Meeting facilities. 15. Model homes, as permitted under Section 25-4-8. 16. Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. Mr. Chris Yuen, Director SUBJECT:ANNUAL PROGRESS REPORT; ORDINANCE 00-~; CONDI`T`ION AA;OVVI~TER/DEVELOPER: WB MAIVINI`OWALI, LLC (FORMALLY OWNED BY MANINI`OWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINI`OWALI RESIDENTIAL COMl~OI~JNITY; KUKIO 2~ AND MANINI`OWALI, NORTfI KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 February 4, 2002 Page 5 1 Public uses and structures, as permitted under Section 25-4-11. 18. Temporary real estate offices, as permitted under Section 25-4-8. 19. Wastewater treatment facilities. 20. Any uses similar in nature to the above permitted uses shall be permitted upon submittal of a request by the Applicant and approved by the Planning Director. 21. Buildings and uses norrrially considered. directly accessory to the uses permitted in this section shall be permitted. Res~r~e: ~`he ~r®~ae ~i~eI®prnerit, ~ re, f lec~e~ in. ti~.e .I~et~Iled bite : °el~In: i~t~iotty ~ I~ c®®~~.~e ~slt~ the €~II le yes the l~~~eet tctm H. The following design standards shall apply: 1. Landscaping for the development shall comply with the Planning Department's Rules No. 17, Landscaping Requirements. Further, a Landscaping Plan shall be submitted for the golf' course and golf course clubhouse as part of the plan review and approval process. Said landscaping shall incorporate, wherever possible, the predominant use of appropriate native Hawaiian plants and shall set aside areas for their preservation and/or propagation. 2. The minimum building site area-shall be x,500 square feet which may include flag lots. 3. The maximum allowable height limit for Single Family Residential units shall be thirt~%-hve feet. 4. The maximum allowable height limit for Multiple Family Residential development shall be ~5 feet. 5. The minimum average lot widths shall be determined by the Applicant in conjunction with its development plans. 6. The minimum yards in the Manini`owali Project District shall be as follows: a) Single Family Residential Development (1) Front and rear yards, fifteen feet; and (2) Side yards, eight feet. . . Mr. Chris Yuen, Director SUBJECT:ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;OWNER/DEVELOPER: WB MANINI`OWALI, LLC (FORMALLY OWNED BY MANINI`OWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINI`OWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINI`OWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 February 2002 Page 6 b) Multiple Family Residential Development (1) Front and rear yards, twenty feet; and (2) Side yards, eight feet for a one story building, plus an additional two feet for each additional story. 7. Exceptions to the regulations for the Manini`owali Project District regarding heights, building site areas, and yards, may be approved by the plaxLning Director within a planned unit development, or cluster plan development. lZesporase: Ali pietas for the 1Vlaniraiowati project will cortforrra to tDze desi~ra standards set forth ire Coraditiota H or as otherwise approved bt~? the lirector throue,~h a pianned unit or ctuster ptatt devetoptraerat approval. 8. The minimum off-street parking and loading space requirements for the Manini`owali Project District will comply with the minimum standards as required by the Zoning Code, including compliance with the American Disabilities Act (ADA) requirements. 9. The portion of the designated landmark of Pu`u Kuili located on the south end of the property and the smaller unnamed pu`u located at the north end of the subject property each shall remain iyx their natural state, and any construction and/or alteration of these areas shall be prohibited in perpetuity. Further, prior to the occurrence of either Final Subdivision Approval, Final Plan Approval, or any land alteration, the Applicant shall prepare, submit for County Planning Director approval, and then record the necessary metes and bounds description and covenant(s) iri the Bureau of Conveyances to effect such conditions in perpetuity. A copy of the recorded document(s) shall then be provided to the County Planning Department. IZes~sonse: As noted above ire reference to Condition ~ erect in cotnpiiatace with. Condition ~I-9, a plan refiectir:g the tnetes cared bounds description of ttae straatt pu`u has been reviewed grad approved by the Director grad has been fated and recorded with the Daareau of Conveyance. A rraore tnodern survey of the iirraits of pu`ac ~uiii and the Mr. Chris Yuen, Director SUBJECT:AIVNUAL PROGRESS REPORT; ORDINANCE 00-~; CONDITION AA;OWNER/DEVELOPER: WB MANINI`OWALI, LLC (FORMALLY OWNED BY MANINI`OWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINI`OWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINI`OWALI, NORTI-I KONG, HAWAII; TMK: (3)7-2-0~1: PORTION OF 18 February 2002 Page ~ jaropet°ty ~ourgdar~ ham found that no portion of Pu`u I~tcili eartends into the ~lanirgi`owali p~ ~°herefore, no portion of I~.t°~t Kuiii is encurnlaered os pacrt of the recorded ®pen Space .~u'er acreas. I. Final Subdivision or Final Plan Approval, whichever is applicable, shall be secured from the Planning Director for any of the above uses prior to the issuance of any land alteration permits for any residential development in the Manini`owali Project District. Ites~onse: rgotecl e9 ~ Detailed Site Piarg for the pro ed 140 unit resiaientiai s ivisiort s8ttitteci att.d acpproved lid the Director, thereby 'neetin[~ the rec~uireng.ents of Section of the .kla~saii County Coale concerning the res~iew and approval oaf I'~°oject District Site pians~ os well as the requirements for plan. ~pprovai within Condition I. J. Construction of the residential units, golf course and other related improvements shall commence only after Final Subdivision Approval or Final Plan Approval has been secured from the Planning Director. ~espor,.se: ~°he Detailed Site Ptan for the 1Vlaniniowali development has been approved bg ties Director. S~sequergt su~livision and r,~rading plans submitted to the artment are cortsistettt with the approveal Site Marg., though Borne adjustment to the roaalwa~ alignments acre expected to respond to site constraints anti design grad engineering considerations. K. The Applicant shall provide assurance satisfactory to the Department of Water Supply and the Plan_~ni~g Director, upon consultation with the State Department of Health and Department of Land and Natural Resources, that water sources of sufficient quality and quantity has been established. Such satisfactory assurance can be met by the actual drilling and testing of a well site of the water source or by the submittal of a hydrological study certifying that water sources of sufficient quantity and quantity can be established at the designated locations. Mr. Chris Yuen, Director SUBJECT:ANNUAL PROGRESS REPORT; ORDINANCE 00-~; CONDITION AA;OWNER/DEVELOPER: WB MANINI`OWALI, LLC (FORMALLY OWNED BY MANINI`OWALI EC,~UITY COMPANY, LLC); DEVELOPMENT: MANINI`OWALI RESIDENTIAL COMMUNITY; KUKIO 2~ AND MANINI`OWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 February 4, 2002 Page 8 Response: 6~R Marainiowati as caarrently developing a brackish ave1l on the propertt,~ and wilt be meeting the additioraai necessary vaster source storage anti transmission requirerrp.ents as part of the project deveioprr~.ent. Tice primary source of potable taster for tfiie .t tot 16~aninioavali subdivision avitI be from. the private PITC regulated vaster system. at Kukio. L. Upon compliance with Condition K, the actual development of the water source and its water transmission and distribution system shall be developed iri conjunction with the subdivision approval process. Final inspection to the residential structures shall not be issued until the approved water source is developed and its transmission and distribution system for such source to the subject property has been constructed. Residential building permits may be issued for model home complexes, provided that such model homes will not be used for residential purposes until the approved water source is developed. Response: The actual avatar transrraission and distribution system for the ~ianiniowali project aviil be developed as part of the sa~.bdivision process. M. Access(es) to the project site shall meet with the approval of the Departments of Transportation-Highways Division and Public Works as follows: 1. Prior to or in conjunction with the first occurrence of either Final Subdivision Approval of any increment or occupancy permit gaining access from the respective intersection, the Applicant, with the prior approval of the Department of Transportation, shall provide a fully channelized intersection, including but not limited to deceleration, acceleration and left-turn storage lanes, with (,queen Ka`ahumanu Highway. The cost of such improvements shall be borne by the Applicant and may be credited to or deducted from the Applicant's Fair Share Contribution for road and traffic improvements, as required under Condition (U). Unless otherwise provided herein, the location of this intersection shall be coordinated with and located immediately makai (west) of the existing access to the West Hawaii Veterans' Cemetery. Mr. Chris Yuen, Director SUBJECT:ANNUAL PROGRESS REPORT; ORDINANCE 00-~; CONDITION AA;OWNER/DEVELOPER: WB MANINI`OWALI, LLC (FORMALLY OWNED BY MANINI`OWALI EQUITY COMPANY, LLC); DEVELOPMENT: MANINI`OWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINI`OWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 18 February 4, 2002 Page 9 2. If the Applicant, the State Department of Transportation and Department of Land and Natural Resources are unable to reach a mutually satisfactory agreement within six (6) months of the effective date of this ordinance to coordinate and locate the main access road intersection makai (west) of the existing access to the West Hawaii Veterans' Cemetery, then, in such case, the subject intersection shall be located at the existing permitted access point or at some other location approved by the Department of Transportation. 3. A Traffic Monitoring Program at the intersection of Queen Ka`ahumanu Highway shall be submitted to and approved by the State Department of Transportation, Highways Division, prior to receiving Final Plan Approval for any portion of the proposed development. 4. A roadway connection to the adjacent parcel along the northeast boundary shall be reflected in any of the approved Subdivision or Plan Approval and shall be provided meeting with the approval of the Department of Public Works in conjunction with any development affecting said area. 5. No lots shall have direct access from the Queen Ka`ahuman Highway. ~tesponse: Dili ~.i~husa~ access reiated improvernertts +~°e ~eireg coordiri.ated tuith the I~epartm.en:t of ~-ari.sportatiott ~ and plants for the pro,}ect retested rs~advsat~s quill be revieused attd approved b~ the State or C°ourct ~eparttttea~t of iic works, as csppropriate. roadtua~ corartectior~ to the adjacent I~uicio properta~ is re,~Iected ou ail plants artd usiil provide the prirrtegty access to the ~a~.irtiousaii pro,~ect. ~`he plarat~ecl c~.cce~, from. ueera Ka'c~.~.urr~car~u ~Iighu~a~ to the adjacent ~ekaha tai Mate Porgy ushich usitl I9e located ma~ai of the e~risting access to the Wiest I3atuaii ~eterart,s' Cerrceter~, usitl provide a secondat~ access connection to the ~+lartirtiousaii project. ~°rac 1~®~tit®~°in~ ~'r°®grarr~. f®~° the pr®p®sedl iutersectioa~ u9itl~. ~ueere Ka`a~.urn.anu ighusat~ uses subrrtitted to the State ~~`for revietu and approval. reflected os~. tPae approved Detailed Site Dian, rto lot Mr. Chris Yuen, Director SUBJECT:ANNUAL PROGRESS REPORT; ORDINANCE 00-~; CONDITION AA;OWNER/DEVELOPER: WB MANINI`OWALI, LLC (FORMALLY OWIeTED BY MANINI`0~~~1ALI EC~UITY COMPANY, LLC); DEVELOPMENT: MAI°~INI`OWALI RESIDENTIAL COMMUNITY; IiUI~IO 2`~ AND MANINI`OWALI, NORTH KONA, HAWAII; TMK: (3)7-2-04: PORTION OF 1~ February 2002 Page 10 within the 1~ora.ir~ioa~a.li saabdivisiort aviIl laetue direct access ts~ flee etc aahu€~a.arza~ ~Iighway. N. Should access to the project site be situated makai of the West Hawaii Veterans' Cemetery access and if irrigation water is deemed necessary by the (:ounty Parrs and Recreation Department, the Applicant shall provide a minimum of 1,200 gallons per day of irrigation or non-potable water up to the queen Ka`ahu~nanu Highway entrance to the West Hawaii. Veterans' Cemetery. Any extension beyond that point would be subject to the mutual agreement of the Applicant and the County. Said water and system shall be in place prior to or in conjunction with issuance of occupancy permit for the proposed golf course or Final Subdivision Approval of any increment gaining access from the respective intersection. Further, the cost of said improvements, shall be credited to or deducted from the Applicant's Fair Snare Contribution for park and recreational improvements and facilities and road and traffic improvements, as required under Condition U. ~es~or~.se: ~~Il~, ire cor3jarectior~ with ' Kukio resorts, al~io) , ~eveic~,~ers of the adjacer~.t ~zcl~io project, lt€ave fee ws~r~i~ag faith both the Mate County to pro~i~e irrigation ~sater to the best Hawaii ~eterat~s` Certtetery C). ~°lae Mate hoar of ~areci ara~l Natural esot€rces ~ h~ approved pIar~ to cor~str~ct art ir°riga.tior~ reser~roir Mate 1®.n. ~aaulca of ~~ceert ,i~'a`ahr~.rr~.ari~ct I~ighzuay. the reservoir site, wieich. is currently ~cr~:€ler construction., is at are appropriate elersatior~ aracl location to pr°ovi+de ~ direct move grour~~l Brae to the Up to 3,~a®® gallon pare day will be prov~i~Iecl frorr~: the .f~ul~io~'1Vlanin.iowali irrigation sour°ce$ free of cli.arge. ~~`~1l~ expects the r°eser°rsoir° arrci tl~e trar~ra°tissiori line to the to ~e co~.plete~l the en.d of this year. O. A Detailed Drainage Study (Study), if required, shall be prepared by the Applicant for review and approval by the Department of Public Works prior to sa.~bmittal of plans for Subdivision and/or Plan Approval re~~iew of the residential and golf course, whichever occurs first. The Study shall. take into consideration the file drainage system, retention basins and `reduced turf design which may be incorporated into the golf course. A drainage system for each phase of development in the project area shall be installed meeting with the approval of the Bepartment of Public Works, prior to Mr. Chris Yuen, Director S1JEC'I'::ANN1~w~I, ~RO~IzESS REPORT; ORDINANCE 00-7; CONDI'T`ION AA,OZ~'NEI~S~/DE~7ELOplR.e ~ MANINI`O~ALI, LLC (FORMALLY Ogs°NED BY MA~dINI`O'~~x~.LI E~~ITI' C~I~zIPANY, LLC); DEVELOPMENT: i~?~NI='+II`C3~~?ALI RESIDEN`AI, COI~IMDI~r~; ~~L~'I~IO 2ND AND MANINI`OV6TAl,I, NOR'T'I-I I'~£NA, IIA~]VAII; TMI~: (3)'~-2-04: PORTION OF 1 £3 February 2002 Page 11 Issuance of Final Subdivision Approval, a Certificate of Occupar~cy, or golf course opening, whichever occurs first. ~~~~s ~ .1~~°~i~.a~e ~~~d~ is in ~r~~®.~~~ °s P. A Solid waste Managernunt Plan shall be prepared and submitted for approval to the Depaa-tn€ent of Public ~lorks prior to s~.€la~nitting; plans for Subdi~~isio Altpr~~,-ale Approved recognn~endations and ~:nitigation tneas~_~res shall be i~npler~~cnted in a manner meeting nth the approval of the Dcpart~nerft of P~.~blic works. sf~~ the Q. A aste~vater treat~r~cnt systean shall be constructed tQ service the residential develop~ner~t meeting vrstl~ the approval of the Dep~rient of wealth, a t~~° ~~t ~~-~t~.i~te~ Iasi t~~ .~~r~r`t R. ax Eergcnc~r Iepa~°edness and Response .Plan (Plan) shall ~,ubrrflitted for ~-r~;~ieg,v ~y ~;he Fl.~ni~g Department. in c~nsultaticsrs 4th the Fire Deprnent ane~ the ~~~1 Defense .Agency prior to the is~~.nce of a Certscate of Ocep~r °or a:.gi r~siderstial ~znit. The Plan shall limited to a ~evie~~ of the ~mergcncy road~vagT net~vorl~ and emergency contact people or association. Mr. Chris Yuen, Director SU&JECT:ANNUAL PROGRESS REPORT; ORDINANCE 00-~; CONDITION AA;OWNER/DEVELOPED: WB MANINI`OWALI, LLC (FORMALLY OWNED BY MAIVINI`O~~JALI EQUITY COMPANY, LLC); DEVELOPMENT: MAP~INI`OWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINI`OWALI, NORTH I~ONA, l-IAWAII; T MK: (3)7-2-0~: PORTION OF 1 ~ February 4, 2002 Page 12 Deg~artrttertt i~ c®rasiatt~.ti®~. tvitlt the `ire I)epartrnerat att~ t~a.e Civil De, f °~~e ~~enc~. S. A Final Comprehensive Public Access Plan (Plan), to be developed in accordance with applicable conditions of approval of the Land Use Commission Decision and Order (Docket No. A92-677) and Land Exchange Agreement, shall be submitted in conjunction with golf course plans submitted for plan approval review or with any residential development, whichever occurs first. The Plan shall be submitted for the review and approval by the Planning Director, upon consultation with the Department of Land and Natural Resources (DLNR), and shall include mauka-makai, bike, pedestrian and vehicular access; parking areas and restroom facilities on State land located makai of the subject property and at locations approved by the DLNR, signage, emergency response considerations, restrictions on use (if any}, and related improvements. Implementation of the Public Access Plan shall be completed no later than the opening of the golf course or Final Subdivision Approval of any residential increment. Itesrgsee Ca Cct®r ~ ~®®1 ~ C®r~prelYertsive itic ~iccess ~ta~t tvas sitf.itte t~ ttac Ptantairag Department ~®r its r°i ~rs~cl apgr®vat. 1~Ie a~.siersta~a~ fleet ~ c®pt,~ ®,~'the ptar~ has lseerc,~~r~tsarctea~ lad the l~ara~i~.~ I3ep~.rtme~tt t® the D ,~'®r° tl~.eir pis ~taci c®~,.ents. ~~II~€vi~ the .Direct®r's appr®va1, 1~.~ a~ticiga.tes irn~aterne~.t~atic c~ the pYct~ t® their s~~ittal ~~r vital ~r.~h~ivisi®~. ,~ppr~t~at cs~` the first resictea~.tia1 iagcrenaerat. Irt t~.at C®tr[~RCti~~2. the ~~ltp~°t3vellte~l.ts ~19ithilt the alt~acei'tt e~tate jar®perti,1 ~iit he ~iepen~e~tt ~p~n the state's c®rrapteti®rt ~e f' t~.e el~~.h~ .tai ~tcate park pl+~:~.~izt~ reg~slat®rt~ ttppr®v~r.t ~r®cess, tticl~ is exgecte~L ts~ take ever ~ dear t® c®rra.~tete, ~.ea~r etect t® e,~$°ect ®.r~ cagreente~t with the aI®ng ~sith the appr®pr€~te s~ret~ t® ensure the c~nstracti~n. all ,physicat irr~pr®veents re~ire~ by the apprs~vecL C~p~°ehe~tsive iic access ~'ian. ~tcis ,r€~ce~lure vs®t~L ,be c~ttsisteat with that c®rttai~tecl ta~itltin. the tetter~i°®r~. the ~icar~.~in.e~ Direct®r', ~iate~ ~eb~°ttar~ ~®®I. T. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the Applicant shall comply with the requirements of Mr. Chris Yuen, Director SUBJECT:ANNUAL PI~CsCES S I-~EPOI~I; ORDINANCE 00-~; CONDITION AA;Ofil`ER~I~E~vLOPER: M~~TINI`O~Ta7ALI, LLC (FOIZMr'1LL3~ O4~~ED BY MAl~INI`0~~~~LI L>I COMPANY, LLC); DE'6TELOPMEN'I`: M:`~:INI`O~'~PALI RESIDET~'AL Ct~MM~~~~; RU~.IO AND ~'~TD MANINI`Oi~ALI, iLTO~H BONA, HA~7AII; 1°'~il~: (3)7-2-04: POI~I`ION OF 1S February X002 Page 13 Chapter 11, Article 1, Havraii. County Code, relating to Affordable Housing Policy (attached). 1°his requirement shall be approved by the County Housing 1'lgency prior to Final Subdivision Approval of any portion of the residential area. ~ ~g I~ ~~~~~~ce ~i~tt ~aai~i~~ the i~~~~~~ ~~.eraty ~ ~'6~,~~~ come ~t .~~1~~,t e~ ~a.~ ~~tt ~e t~ the ~~~I ~n ~r°®~~~ ~o sizes s ®rr. ~n~~~e~te U. ~'he 1~.pplicant shall xn~.kc its Fair Share Contribution. to mitigate potential regional impacts of the subject project with respect to roads, parks and recreation, ire, police and s~slid waste disposal facilities. `the anao~.~nt of the Fair Share Contrib~.~tion shall be the sum which is the product of multiplying the nun~bc~° of residential lots proposed to be subdivided bgj the a~noa.~€nts allocated hercinbelov~7 for each. sash lot, and. shall beco~n .due and payable prior to Final 5~.€bdivision Approval for -any portion of the sul,~ect property or its inoren~ nts. If the subject property is suhdi~~ided in two or ~norc incre~nera.ts, the a~€ ~ourst of the Fair Share Contributi~sn due and payTable prior to Fin~:l. uhdi~~sion Approval of each increment shall be a sun ~alculatcd in tie same manner according to the number of ~Sroposed residential lots in. -each -such. incrers~:ent. 'the Fair Share Contribution, in a for€~ oI' cash lad< facilities or any combination thereof, accepta)~le to the Director in consulta~~~sn ~,$aith the affected agencies, shall be det~r~nined by the C~unt~y Co~~n~ilP 'I'hc Fair Share Contribution shall. -have a. ma~mum combined value of 7,39.16 per single-family residential unit and 4,6~~.~0 per ~n~.~ltipl~:-family residential unit. Based upon the Applicant's representaon of int~~.t to develop up to nine hundred single family and multiple-family resid~~tia.l ~.anits, the indicated total of Fair Share Cont~butic~n is I ~;~~:,0~€s for single-family residential units. I-lowever, the actual amount shall be increased or reduced in proportion with the a:ct~,aal number ~f si~:~g~e-f~~nil~' and. ~nultipl~-family units accordi-~g to the calculation and patent provisions sent forth in this Condition. U. e Fair Share Contribution shall be allocated as follows: _ _ Mr. Chris Yuen, Director SUSJECT:ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;OWNER/DEVELOPER: WD MANINI`OWALI, LLC (FORMALLY OWNED BY MANINI`OWALI E(,~UITY COMPANY, LLC); DEVELOPMENT: MANINI`OWALI RESIDENTIAL COMMUNITY; KUI~IO 2ND AND MANINI`OWALI, NORTH I~ONA, HAWAII; TMK: (3)7-2-04: POR`T`ION OF 18 February 4, 2002 Page 14 1. $3,90.85 per single-family residential unit for an indicated total of $3,1 ~ 1, 765.00 to the County to support park and recreational improvements and facilities; 2. $168.0 per single-family residential unit for an indicated total of $151, 560 to the County to support police facilities; 3. $332.61 per single-family residential unit for an indicated total of $299,349 to the County support fire facilities; 4. $145.62 per single:-family residential unit for an indicated total of $131,058 to the County to support solid waste facilities; and 5. $3,101.68 per single-family residential unit for an indicated total of $2, 791, 512.00 to the State or County to support road and traffic improvements. `T`he Fair Share Contributions described above shall be adjusted annually beginning three years after the effective date of the Change of Zone, based on the percentage change in the Honolulu Consumer Price Index (HOPI). In lieu of paying the Fair Share Contribution, the Applicant may construct and contribute improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads within the region impacted by the: proposed development, subject to the approval of the Director. The cost of providing and constructing the improvements required iri Condition M shall be credited against the sum specified in Condition U (5) for road and traffic improvements, and the cost of providing and constructing the improvements in Condition N shall be credited against the sum specified in Condition U (5) and (1). For purposes of administering Condition U, the fair market value of land contributed or the cost of any improvements required or made in lieu of the Fair Share Contribution shall be subject to review and approval of the Director, upon consultation with the appropriate agencies. Upon approval of the fair share contributions or iri lieu contributions by the Director, the Director shall submit a final report to the Council for its information that identifies the specific approved fair share and/or iri lieu contributions, as allocated, and further implementation requirements. Res f)TB.Se: ~1te fcil~°s~~~°e c®~i.tr~gati®~. ~s clelireeegteci irt. ~~diti®rt I7 t~sili he m.a~e ire ~a~°~~r~~ t® the s ivisi®rc l~crer~.ent ~ri~~- t® ~.nal ~a~hd~vi~~~~. ~~~~°~~saie _ . Mr. Chris Yuen, Director SUI~J~CT:ANNLJAL 1?RD~I-~S REPORT; C3RDINANCE 00-7; CQNI3ITIDN AA;C~~t1~R DE~LC~EI~;: MA.~tINI`flWALI, LLC (EDRMt'~LLY t3~~~1'~?E~ I3Y M.t'~.NI~°IbD~V~I.I t.3I`I`Y CCiMP~'~NY, LLC); I~~VEI,£~PM~N'P: MAf'~°"~ I`CSh~r'ALI RESIDE~T'I°.~I, CDMII~NI`I`Y; 1~L,~RI~O ~Na AND MANINI`®WALI, ND'H ~~NA, HAWAII; TMK: (3)i-~-0~4: P~3RTI(~N ®F 18 February 4, X002 Page 15 V. An Archaeological Data Recovery Plan and Presentation Plan (Plan:) shall be submitted for the rovie~~r and approval by the Planning I3~~rector iri consultation with e Dep~.r€~n€nt of Land.. and Natural. Resources-I-Iistoric Preservation Iivision (DLNR-HPD). The Plan shall consist of three subplans: (1.) an Archaeological Rata Recovery Plan for the: sits to undergo data recoverg~=, a I~et~~,il~€I Interim Proteeton~Preser~ration Pll~:. for the sites to undergrs rescrvati~sr~, and ari I~sterpretatiQn Plan ~~l~icl~ shall include bufl`er mess sign~ge and- Iong~rarsge preservation concerns which ~nag~ be subn~ied at a l~.ter date, Proposed mitigation eatn~ent preservation in plae~ or d~~int~rr~nent,~reinterrsent) for bu~al sites ~ntitriin the :subject property sh~.ll be approved by the I-Iisto~ic Preservation Division's Ha~va Island burial Council before detailed rr~itigation plans are finaled for these sites. A copy of the approved I{ final Arehae~aloeal Data Reco~~ery Plan and Preservation -Plan -shall be submitted to ~e Planr~_~g Director fo~° Its acs prior to submitting plans for subdivision revic~~r or prior to any approval for any Iand alteration permits, vthichever occu~°s first. .ter ~.~.~a~l~ I~ . ~~s~°~~~~ ~~ae III €el~ ~i~at~. ~~c~~ °~~~:~n tip Imo: - ec~~e ~~~~n ~t~ srshnai~~e~€ t~ t~~ .cr~n:ing ~ ~ ~ f~ff~I . ls-~tc~£~~ :I~~., Ott ~~~~~~n:~ ~ ;tee ,,~~®n I~~~~~~~ I~ a ~n~~~~~~ ~I ill I ~~-~si~ ~ee~~.~-~, z~°e~- end W. ~hoz~ld any unidentified sites or rer~zains such as artifacts, sheds bone, or charcaal deposits, l~un~an burials, rock or coral align~nentss p~~,~ings or ~~valls be encountered, ~vorl~ in tb.e .Immediate area shall cease and the Department of Land and z~Iatural Resources-historic Preservation Division Mr. Chris Yuen, Director SUBJECT:ANNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;OWNER/DEVELOPER: WB MANINI`OWALI, LLC (FORMALLY OWNED BY MANINI`OWALI E(,~UITY COMPANY, LLC); DEVELOPMENT: MANINI`OWALI RESIDEN°I`IA.L COMMUNITY; KUKIO 2ND AND MANINI`OWALI, NORT~I KONG, I-IAWAII; 'T`MK: (3)7-2-04: PORTION OF 18 February 2002 Page 16 (DLNR-I-iPD) shall be imrr~ediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-I iPD when it is found that sufficient mitigative measures have been taken. ~t nse: pia®uid cant ~.rtidentified sites r°err~.cains be enc®rantered dur=ing the iand ~re~arati®n activities, irk ice. tiie i~r~.~nedia.te terse. usiii cease artd t~.e ~ D uriti ire i'rrmeciiateig ~®tifieci. mark in the ~ricinitg rviii net resu.rrae untii ctearance is a~tairted fs°or~: the .D~~'- ;D. z~.ate ts~ dais effect is irtciudeci with aIi gr°adirtg Arians and re~sieused iti~. c®tcti®~t ors®nnei Sri®s~ t® c®mme~cerr~.e~.t of grad8.lt~ a~ti83ttles. X. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the United Impact Fees Ordinance. ~es~®~ase: ~h~~eid the C®~.cncii ad®pt a Unifgeci fees Oreiinancep the devei®pment viii carr~.,~i~ r~sith tine ~nditi®~ as set f®rt~. Y. The Applicant shall comply with all Conditions of Approval of the Land Use Commission Decision and Order (Docket No. A92-677) and Exchange Deed Agreement to Exchange dated December 28, 1990 (Document No. 92- 038660), and shall not seek any amendments to said Agreement. A copy of the written documentation of compliance with these conditions shall also be submitted to the Planning Director. Itesnse: On Ja~.itaa~ 21, 2®®~ ~ rr~.ade ~ ~Sresen.tati®n to the State I.,arad Use ~sn~ission regarciir~g the stattas ciet~eic~rmertt and c®rn.~aii~znce with the cat~€ditions ~rf packet 2-~`7~. ~t sh®uid be n®ted that9 t® fire extent ~rracticie at this mint in tits de€~ei®ptnent prccess9 hay net ~.ea.rl~ aii c®ra:~iti®a~s ®a f tine ~LU~ l~ecisio~ ~r,.d ®rder anti is ice. f~sil c~rn~sliar~ce ~tsith the rec~~x.ire~nerats of ties c®nditi®ns ®f the ~xcit.arrge ~greeen.t Mated Dece 99~ tend the SLUE 1Jeci®n and f~rder. .fin .~atn~.aal ~Zep®rt ®n tit.e status ®f devei®pment and ca~~riiance zuitl€ the C®nditi®ns ®f ~lp~°cval ~tsiii he sac~~titted t® the S~UC in march ®f this year. Mr. Chris Yuen, Director SUFCT:.~.NNU~I, Pf2OOFSS REPORT; ~IZRINANCD 00-~; CONRITION ~;C3~7'NE~;iDE~YLOPE~: M.~NINI`O~IAI,I, LLC (FORM~I.LY O~~~NER BY M~.NINI`O`YLI EUZ'I`~T COMP.~~N~', LLC); I~E~JELOPMENT: ~I~~NNI`OALI I-~SIDEN~"I,, COMMA;>NI'I`Y; I~UIO 2ND .~SND MANINI`(~~ALI, N(~'~-I I~~NA, I-I~4V41AII; TMI~: (~)7-2-04: POIZTiON OF 1~ February 4, 2002 Page 1 ~ Z. Cornply wi~..h. all other applicable laws, rules, regulations and rega~irements of affected agencies for approval of the proposed devele~pment within the subject propex-tyv ess~sea f I~ e~tsn~ee ~®~at;~I~ urt~ +~.I~ ~a.~~~c~~ I~~ r~.iess r°e~~;i~t~,~€~.s$ ~ ir°erttents €s,~ tie aecter~ ~ ~~nual Progress Report (Ideport) shall be submitted to the Planning Director prior to cacti. anniversary date of the appr®val of this Pro~gect District Ordinance. The F~.eport shall address iri detail the status of the devel~pn~ent, the nu~nher of a~rsits constructed, sold and: occupied and the compliance with tl~e Conditions of Appr®val. This conditian shall re~nnain in effectuntil all. of the condi~sns cf approval have been con-~plied with the Director acknowledges that further reports are not required. ,es~se4 ~ €~~rxl ess ~te~°t ~ sts~:~tte~ ire c~~~~ ~~~~~a~ ~ .girt r~u~~ et°t ~~essi~ tie ra,~' est~,gent, the- ~ i~ e~~stctes sc~~ e~t~iea~ ~®mptia.ce ~~t ~ Via. - ~s~It be r~:~:tte~ t~ ~~g t~I ~ k~®~~edes t~~t,~'ur°tt~er° rye rc~ l~rt~~ r°~r-e. ED. ~venty (20) years frown the effective date of the Manini`owali Project District Ordinance, the >~pphcant shall subffnlt a Retailed Status Deport of the Pro,~ect, includi:g the ~:~.~mber of units completed and. other related construction de~~elopment. `1°l~is Detailed Status Report shall be :submitted to the Planning I;cpartment for transmittal to the Pla~~~~g Comrr~ission for their revievy and rc~arnendaton and then- f€~rvaarded tc~ the bounty Council for their review ar~d action. e; ~°l~e c~e~sel~a~~°~t i~ campi~ ~it~ tl~e ~~~ti~~ set €~~e. CC. An initial extension of tune for the performance of conditions ~~rithin the ordinance may be granted by the Planning Rirector upon the following circumstances. Mr. Chris Yuen, Director SUBJECT:AIVNUAL PROGRESS REPORT; ORDINANCE 00-7; CONDITION AA;OWNER/DEVELOPER: WB MANINI`OWALI, LLC (FORMALLY OWNED BY MANINI`OWALI EC,~UITY COMPANY, LLC); DEVELOPMENT: MANIlVI`OWALI RESIDENTIAL COMMUNITY; KUKIO 2ND AND MANINI`OWALI, NORTPI KONG, I-IAWAII; TMK: (3)7-2-04: PORTION OF 18 February 4, 2002 Page 1 S (1) The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the Applicant, successors or assigns, and that are not the result of their fault or negligence. (2) Granting of the time extension would not be contrary to the General Plan or Zoning Code. (3) Granting of the time extension would not be contrary to the original reasons for the granting of the Project District. (4) The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year) . (5) If the Applicant should require an additional extension of time, the Planning Department shall submit the Applicant's request to the County Council for appropriate action. Ite~~os~e: 1Vo request °y~®r ~rz action of time to rr~eet t~.e coue cortciitio of ~~,p~°ovol ~eeri. subnaitteci or ~ c~.t~ti~i~®.teci. ~10~ mitt ~ortti~ve to mike hest efforts to meet tP~e wove con~itio in eY. time€~ orict e,,~ective ntr~er. DD. Should any of the conditions not be met or substantially complied within a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. 2ZesrBSe: rtote~i +~ove, 1Vi has mcgeie best e.,~'orts to meet ertl tP~.e conditi® ®f e~r~tinance I trust the above fully addresses the status of development and compliance with the conditions of approval, however, should you have any questions or require further information, please do not hesitate to contact this office at 961-3333. _ . . Mr. Chris Yezen, Director SUBJECT:ANNUAL PROGRESS REPORT; ORDINANCE 00-'T; CONDITION AA;OWNER/DE~TELOPER: WB MANINI`OWALI, LLC (FORMALLY OWNED BY MANINI`O~6T.~.I,I EQUITY COMPANY, LLC); DEiIELOPMENT: MANIs~I`OWALI RESIDENTI~'~L COMMUNITY; KUI~IO 2ND AND MANINI`OWALI, NORT~-I KONA, I-iAWAII; TMI~: (3)7-2-0~: PORTION OF 1~ F`ebr~.tary 4, 2002 Page 13 Sincerely, PBR I-IAWAII JAMES M. LEONARD, AICF Managing Director - I-Iilo Office cc: S. Ainslie (WS Kul~io Resorts, LLC) W. Campbell (WI-~ I~ul~io Resorts, LLC) E. Di~ita (Discovery Land Co.) C. Carlson (Parl~er Ranch) M. Morinaga (WD Kul~io Resorts, LLC) K. Inouye (Gener~.l Services, Inc. K. Kasai (General Services Inc.) S. Lima (Carlsrnith ball) S. Ful~e (Sidney Ful~e Planning Consultant) Witten (PDR I--IAWAII) Annu~t! Report.wpd